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Haamek Sheilah on Sheiltot d'Rav Achai Gaon, Kidmat HaEmek, Part I

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וכמו מעשה המשכן, דמבואר במדרש תרומה פ' ל"ד, דמעשה הארון גרם לזכות בתורה, ומש"ה כתיב ועשו ארון אר"י בר"ש אמר הקב"ה יבואו הכל ויעסקו בארון כדי שיזכו כלם בתורה, ובצלאל שבא מיהודה זכה לזה ביותר, ומש"ה כתיב ויעש בצלאל את הארון, שעשייתו עם חביריו עלה על כולן, ואחר שכבר עשה הוא נסתלק מעבודת הארון, ומסרו ללוים, המה ינשאוהו והעמידוהו על מכונו להגיעו לתכליתו הנרצה בו.

The path of Torah, introduction to Ha'amek she'elah. Trans. by Elchanan Greenman. Urim, 2009

DIFFERENCES BETWEEN THE TRIBES OF YEHUDA AND LEVI REFLECTED IN THEIR DIFFERENT ROLES IN THE CONSTRUCTION OF THE TABERNACLE AND ITS SERVICE [THE DIFFERING ROLES of Yehuda and Levi are similarly reflected] in the context of the construction of the Tabernacle. The Midrash Rabbah 34, on the Torah portion of Terumah, explains that those who were involved in making the Ark would merit achieving Torah knowledge. As the Midrash informs us that by stating: “Theyshall make the Ark,”¹ Scripture teaches us the significance of inviting everyone to work on the Ark: “R. Yehuda the son of Shalom said: ‘The Holy One, blessed be He, said: ‘Let all come and participate in the making of the Ark so that they may all merit in achieving Torah [knowledge].’” Betzalel, who descended from Yehuda, merited knowledge of the Torah more [than all the others who participated in the work], and for this reason the [Torah] says, “Betzalel made the Ark”² [even though others participated in its construction]. For although [Betzalel] worked with others in order to build the Ark, he rose above the others [because of his special contribution to its construction].³ 10: “Because he (Bezalel) devoted himself to the work [of the Ark] more than the other wise men, it is called by his name.” However, once the Ark was completed, [Betzalel of Yehuda] was no longer involved with the service [of the Ark].⁴ It was transferred to the Levites, who were responsible for bearing the Ark containing [the Torah]⁵ 58:9, where the Netziv writes that the Tablets contained the entire Torah. and setting it in its proper place⁶ so that the Torah would fulfill the ultimate purpose for which it was intended.

footnotes: ¹ Ex. 25:10. ² Ex. 37:1. ³ Rashi on this verse cites Midrash Tanhuma ⁴ The Netziv views Bezalel’s work in creating the Ark as a service. ⁵ See Ha’amek She’eilah ⁶ Ezra 2:68.

ככה לדורות, שבט יהודה המה מחוקקים, ושבט לוי באים אחרי הכרעתם ומורים למעשה הבא לפניהם, ומתקנים לפי השנויים במזדמן, ולהורות כתכלית הנרצה לעשות כתורה.

The path of Torah, introduction to Ha'amek she'elah. Trans. by Elchanan Greenman. Urim, 2009

Analogously, so it has been for generations – that Yehuda would be the legislators, who were then followed by the Levites, who would utilize [Yehuda’s] decisions by judging individual cases as they would arise, or by issuing decrees as the [needs of] changing times arose. The Levites would instruct [others so] that the ultimate purpose for which the Torah was intended would be realized.⁷ on Ex. 27:20 and Lev. 16:16 that the Ark provided special assistance to Aaron and the tribe of Levi to derive halachic decisions by applying their method of comparative logic as described in chapter 4. In contrast, those such as Judah, who derive halachah through the process of pilpul, were assisted by the Divine light emitted by the Menorah.

footnotes: ⁷ The Netziv writes in Ha’amek Davar

וכמו דאהליאב משבט דן עשה כמה פרטים מיוחדים במשכן, ככה הי' שבט דן מכריע להלכה בד"מ. וזהו שנאמר דן ידין עמו כאחד שבטי ישראל, היינו כיהודה בכה"ת, כן הי' דן בד"מ ובזה היו מעמיקים ביותר להלכה, וכדאי' בפסחים ד' ד' ההוא דאמר דוני דיני אמר ש"מ מדן קאתי, וכבר מצינו אמוראים שהיו מיוחדים לכוין הלכה בד"מ כמו שמואל ור"נ, וכן בתנאים כמו ב"נ ור' נתן.

The path of Torah, introduction to Ha'amek she'elah. Trans. by Elchanan Greenman. Urim, 2009

[On a lesser scale, the other tribes also legislated, such] as Oholiav of the tribe of Dan, who made many special contributions to the Tabernacle. [This suggests] that Dan also contributed to the development of law in particular areas, that is, monetary matters. And this is what Scripture [implies when it] writes: “Dan shall judge his nation, [in a manner similar to] the unique tribe of Israel,”⁸ [referring to] Yehuda. Just as Yehuda [legislates] concerning all areas of the Torah, similarly, Dan, when issuing certain legislation, would also delve very deeply into the [Torah to arrive at the proper] halachahconcerning monetary cases. [Thus, what Yehuda did for all halachah, Dan did in a specialized area. This trait of Dan] is described in Tractate Pesahim, 4a, stating that there was a man who would always say: “Judge my case in court.”⁹ [The Rabbis] said: “Learn from his manner of speech that he comes from the tribe of Dan, whose members were very knowledgeable about money matters.” [Examples of expertise in monetary cases can be found] among those amora’im who are well known to be unique in their ability to decide in accordance with the accepted halachahin that area. For example, we follow Shemuel [in disputes with Rav regarding monetary cases, but not in cases of issurim¹⁰ ], and [we follow] Rav Nahman [in monetary cases].¹¹ 27b, who states, “We follow Rav Nahman in monetary law.” This is also found among the tannaim such as Ben Nannas¹² 175b: “Said R. Yishmael, ‘… The one who desires to delve into matters of monetary law should minister to Ben Nannas.’” and R. Nasan,¹³ 53a states: “Rava said, ‘[The halachah is in accordance with] R. Nasan, as he was a judge who goes down to the depths of the law.’” [who were especially known for their expertise in monetary law].

footnotes: ⁸ Gen. 49:16. ⁹ Rashi states, “Whenever a dispute arose, this person would insist that it be tried in court.” ¹⁰ Ritual law. ¹¹ See Rosh in Bava Kamma ¹² Bava Basra ¹³ Bava Kamma